(1) Violation of any of the provisions of this chapter is a class 1 civil infraction; however, any subsequent violation within a 24-month period of time shall be a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

(2) Law or code enforcement officers shall not enforce the unauthorized camping provisions of PMC 9.105.030 when no alternative accommodations are available. As used in this section, an alternative accommodation is available if (a) a community service facility has available vouchers that allow an individual or family experiencing homelessness to stay overnight at a hotel or motel without charge; or (b) space is available without charge at any community service facilities level two as defined in PMC 25.15.156 for an individual or family experiencing homelessness; or (c) space is available for an overnight stay without charge at a public or private shelter open to an individual or family experiencing homelessness. If an individual or family cannot use an available accommodation because of the individual or family member’s sex, familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the accommodation is not considered available. The accommodation is considered available if the individual could not use the accommodation due to voluntary actions such as intoxication, drug use, unruly behavior or violation of shelter rules.

(3) Prior to and in lieu of the filing of a notice of infraction, first-time offenders shall be issued a noncriminal notice, a copy of this chapter, and a resource list of community providers of housing, mental health, alcohol dependence, and/or drug addiction treatment services. This provision does not establish or otherwise obligate the City or its employees to provide said services, nor does it establish any right to such services by any person. [Ord. 4341 § 1, 2017; Code 1970 § 9.90.050.]